Explain the Advantages of the New Criminal Code, Mahupiki Holds Outreach in West Sumatra
Padang – The Criminal Code (KUHP), which was just ratified on December 6, 2022, can only take effect in the next three years. The transition period will be filled with socialization processes to various parties, including the community.
Related to this, the Indonesian Criminal Law and Criminology Society (Mahupiki) held a socialization of the Criminal Code in Padang City, West Sumatra on Wednesday (11/1). The socialization presented a Professor of the Faculty of Law, Semarang State University, Prof. Dr. R Benny Riyanto SH MH, FHUI academics, Prof. Dr. Harkrestuti Harkresnowo SH MA and Members of the Draft Criminal Code Drafting Team who are also Chairman of the Mahupiki Central Executive Board Dr. Yenty Ganarsih SH MH.
In his remarks, Chancellor of Andalas University, Prof. Yuliandri emphasized the presence of Law no. 1/2023 on the Criminal Code is able to mark the history of Indonesian law, especially regarding the reform and renewal of national law.
“The ratification of the Criminal Code is very important to provide legal certainty for the community,” he said
Meanwhile, Professor of the Faculty of Law, Semarang State University, Prof. Dr. Benny Riyanto said the ratification of the Criminal Code was a legacy for Indonesia. He also invited all parties to participate in socializing this cross-generational legal product.
Not only that, Prof. Benny revealed that the colonial Criminal Code had many shortcomings, one of which did not reflect Pancasila values.
“The old Dutch-era Criminal Code has been around for more than 100 years, but until now there has been no official translation, so many translations appear that have the potential to cause multiple interpretations. In addition, it does not yet reflect the nation’s cultural values, let alone reflect the basic state philosophy of Pancasila,” he added
Thus, added Prof. Benny, the old Criminal Code needs to be replaced because there has been a paradigm shift from retributive justice to a paradigm of corrective, rehabilitative and restorative justice.
Another speaker, Academician of the Faculty of Law, University of Indonesia (FHUI), Prof. Dr. Harkrestuti Harkresnowo appreciated the ratification of the new Criminal Code which has accommodated the Living Law concept. The existence of Living Law in the National Criminal Code is a tribute to indigenous and tribal peoples.
“However, when the living law was applied, there was a mistake by the community, then there were deviations related to the principle of legality. Of course this is not true because all of them must have scientific evidence that these regulations are still being applied in society and regulated in local regulations,” he said.
The next new thing is about the article on adultery, which still has differences. According to Prof. Dr. Harkrestuti, currently there is an opinion stating that it is a private right, but on the other hand there are people who actually demand that it only be a complaint offense.
“Here we are trying to be a bridge between these two opinions that there will be criminalization of adultery between two people outside of marriage but this can only be done if there are complaints from certain people that have been arranged, so not everyone can make complaints and avoid taking the law. myself,” he explained
Member of the Draft Criminal Code Drafting Team Dr. Yenti Ganarsih SH MH said that the National Criminal Code has made several reforms and has also embraced universal values, which have always existed until now.
“There are several advantages of the National Criminal Code because it is the formation of the nation’s children, all community stakeholders also play a role in it, with the aim that this country’s people do not commit crimes,” he said
To note, the socialization activity was held at the Premiere Hotel Padang, West Sumatra. The event presented a number of figures from West Sumatra to legal practitioners.
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